Rule Changes Coming for 'Contributions Not Withheld' Claims

The ASRS needed to amend rules in Article 7 regarding how Employers submit Contributions Not Withheld (CNW) forms.  The rules needed to reflect that CNW payments are not due to the ASRS when the Employer remits an Alternate Contribution Rate (ACR) payment pursuant to A.R.S. § 38-766 or when contributions are made to another Arizona retirement system. 


This amendment will prevent the Employer from overpaying contributions during the same time period and will clarify that members are not entitled to receive service credit for the same hours worked in more than one state retirement system. 


The rules also needed to reflect that the Employer representative is not required to initial each statement of understanding on the Verification of Contributions Not Withheld form, and that gross salary and hours worked are reported by pay period within each fiscal year.  The rule amendments will have minimal economic impact, if any, because they merely clarify contributing requirements that are already contained in statute, thus reducing the regulatory burden and the economic impact. 


The new rule language will become effective on January 1, 2017. 


To view the Notice of Final Rulemaking or to contact the ASRS Rules Writer for additional information, see ASRS Rules page on our website.


Participate in the Rulemaking Process!

The ASRS needed to amend six rules in Article 6 regarding how members of the public can participate in the rulemaking process.  The rules needed to reflect statutory language and time frames. 


For example, the ASRS will have 60 days to respond to a Petition for Rulemaking and R2-8-605 needed to reflect that a person may object to a rule if they believe it is not the least burdensome and costly method. 


The Arizona Administrative Procedures Act allows people to petition the agency regarding the agency’s rules. The rules in Article 6, simply explain how a person may submit certain rulemaking petitions and attend public meetings to comment on proposed rules.


These amendments will clarify the rulemaking process for the public and such clarification will increase the understandability of the rules, including what a person’s options may be if the person disputes a rule.  Ultimately, this will establish a more certain and robust rulemaking process for the ASRS, lending itself to the equitable promulgation of more effective rules, resulting in the more effective administration of the ASRS.


The new rule language will become effective on January 1, 2017.

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